Legal Opinion

Eldridge v. Selectmen of Chatham

Massachusetts Supreme Judicial Court

Decided June 19, 1906PublishedCited by 5 opinions

Petition, filed March 5,1906, by Nathaniel A. Eldridge of Chatham for a writ of mandamus addressed to Mériton E. Nickerson, Alvin Z. Atkins and Oliver E. Eldredge, acting as selectmen of that town, commanding the respondents Nickerson and Atkins to recognize the petitioner as a selectman and member of their board in place of the respondent Eldredge, and commanding the respondent Eldredge to refrain from intruding himself as a member of that board or doing any act as such…

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Petition, filed March 5,1906, by Nathaniel A. Eldridge of Chatham for a writ of mandamus addressed to Mériton E. Nickerson, Alvin Z. Atkins and Oliver E. Eldredge, acting as selectmen of that town, commanding the respondents Nickerson and Atkins to recognize the petitioner as a selectman and member of their board in place of the respondent Eldredge, and commanding the respondent Eldredge to refrain from intruding himself as a member of that board or doing any act as such member. The case came on to be heard upon the petition and answers before Hammond, J., who reported it for determination by…

1Opinion of the CourtKnowlton, C. J.

At a meeting of the voters of the town of Chatham for the election of town officers, after the votes had been counted it was announced by the moderator that the petitioner had received one hundred and fifty-two votes for the office of selectman, assessor and overseer of the poor, and the respondent Oliver E. Eldredge had received one hundred and forty-nine votes. The petitioner was then declared elected, and due record was made accordingly. Afterwards he took the oath of office and entered upon the performance of his duties. Upon these facts it would appear that he was duly elected, and he…

2Cited by5 opinions

  1. Clancy v. WallaceMassachusetts Supreme Judicial Court · 1934
  2. Moloney v. Selectmen of MilfordMassachusetts Supreme Judicial Court · 1925
  3. Abbene v. Board of Election Commissioners of RevereMassachusetts Supreme Judicial Court · 1964
  4. Swift v. Board of Registrars of VotersMassachusetts Supreme Judicial Court · 1932
  5. Berardi v. Registrars of VotersMassachusetts Supreme Judicial Court · 1945

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